Allowed

Ahmed Qureshi v. State of Rajasthan

Rajasthan HC22 Apr 2024CRLMB/787/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. for the accused charged with offences including POCSO and making viral videos. The court granted bail on personal bond and sureties, noting lack of specific material against the applicant regarding the video going viral.

What did the court decide?

Applicant released on bail on personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Ahmed Qureshi Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

¶1

[2024:RJ-JD:17474]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 787/2024

¶4

Ahmed Qureshi S/o Yunus Qureshi, Aged About 25 Years, R/o Azad Mohalla, Parsola P.s., Parsola, Dist. Pratapgarh. (Lodged In Dist. Jail, Pratapgarh).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

Kum Shiwani D/o Ashok Panchal, R/o Parsola, Azad Mohalla, Parsola P.s., Tehsil Dhariyawad, Dist. Pratapgarh.

¶9

----Respondents

¶10

For Petitioner(s)	: Mr. JK Haniya for Mr. NK Gurjar
For Respondent(s)	: Mr. SK Bhati,PP

¶11

JUSTICE DINESH MEHTA

¶12

Order

¶13

22/04/2024

¶14

This application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No. 11/2023 registered at Police Station Parsola, District Pratapgarh for the offences under Sections 354-A, 354-B, 354-D, 506, 509, 376(2) (n), 201 of Indian Penal Code, 1860, Section 67-A of Information and Technology Act and Section 3/4, 5(L)/6, 7/8, 11(iv)/12 of Protection of Children from Sexual Offences Act.

¶15

Mr. Haniya, learned counsel for the applicant submitted that even if the allegations levelled against the applicant are taken at their face value, then also the act of getting/receiving video picture and making the same viral was done by the applicant, when the prosecutrix became major.

[2024:RJ-JD:17474]

[CRLMB-787/2024]

(2 of 3)

Learned counsel for the applicant submitted that during the investigation nothing has surfaced on record nor any incriminating evidence has been recovered from the present applicant, for which he is required to be kept behind the bars.

¶20

Counsel further submitted that applicant is behind the bars since 12.12.2023 and charge-sheet has been filed and prayed that he be enlarged on bail.

¶21

Learned Public Prosecutor vehemently opposed the bail application but he was not in a position to point out any material or evidence with which the prosecution can establish that purported video was made viral on instagram account by the present applicant.

¶22

In view of the aforesaid and considering the accusation made against the present applicant, this Court deems it fit to grant bail to the accused-applicant under Section 439 of the Cr.P.C.

¶23

Consequently, the bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant Ahmed Qureshi S/o Yunus Qureshi arrested in connection with FIR No. 11/2023 registered at Police Station Parsola, District Pratapgarh shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

¶24

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. 9. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take

¶25

(3 of 3) [CRLMB-787/2024]

¶26

[2024:RJ-JD:17474]

¶27

independent view of the matter, based on ocular and oral

¶28

evidence, while finally deciding the case.

¶29

(DINESH MEHTA),J

¶30

182-raksha/-

Ahmed Qureshi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ahmed Qureshi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Parvat Raj Vs State and Ors.

Ramesh Singh @ Bittu Vs State of Rajasthan

Mohammad Shafik @ Saddam @ Bhola Vs State of Rajasthan

Kalu Khan Vs State of Rajasthan

Lac Robin Vs Union of India

Munna Ram Vs State of Rajasthan